Madras High CourtCRL OP/20531/2017granted

Murugesan, M/Aged About 36 v. State Rep. By

2017-10-04Honourable Mr Justice N. Authinathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fourth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr Justice N.AUTHINATHAN CRIMINAL ORIGINAL PETITION No.20531 of 2017 1 MURUGESAN, [ PETITIONERS / ACCUSED ] 2 SENTHIL KUMAR, Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, UTHANGARAI, KRISHNAGIRI DISTRICT.

CR.NO.535/2017 For Petitioner : M/S.R.THULASI Advocate For Respondent : MR. R.SEKAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners seeks bail for the offences punishable under Sections 4(1)(aaa), 4(1-A) of the Tamil Nadu Prohibition Act and Section 7 of Rectified Spirit Rules, 2000.

2. The learned counsel appearing for the petitioners submitted that he is not pressing this Petition as against the second petitioner, namely, Senthil Kumar and he has also made an endorsement to that effect. In view of the submission and endorsement made by the learned counsel for the petitioners, this petition is dismissed as not pressed as against the second petitioner.

3. According to the prosecution, the first petitioner along with other co-accused were found in possession of 35 liters of I.D.Arrack, resulting in the registration of the case.

4. The learned counsel appearing for the petitioners would submit that the first petitioner has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the first petitioner has been in custody since 16.09.2017.

5. Having regard to the fact that the first petitioner has been in custody since 16.09.2017 and taking note of the fact that the first petitioner has no criminal antecedents, I am inclined to grant bail to the first petitioner, subject to the following conditions:-.

i) The first petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the learned District Munsif-cumJudicial Magistrate, Pochampalli; ii) The first petitioner shall report before the respondent police daily at 10.30a.m. for a period of two weeks and thereafter, as and when required for interrogation.

-sd/- 04/10/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, POCHAMPALLI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI. [FOR INFORMATION] 3 THE OFFICER INCHARGE SUB JAIL, UTHANGARAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, UTHANGARAI, KRISHNAGIRI DISTRICT.

+1 CC to M/S.R.THULASI Advocate on payment of necessary chargesSr.18859 CRL OP.20531/2017 Date :04/10/2017 ths : 04.10.2017